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Calling time on the triple lock?

The state pension triple lock may not survive much longer.

The impact of Covid-19 on earnings could mean a change in the way that state pensions are increased in each year. If nothing is done, it could give pensioners a large income boost, but cost the government dearly.

At present, the new (single tier) state pension and its predecessor, the basic state pension, both benefit from increases based on the ‘triple lock’. This was introduced by the Coalition government in 2010 and means that these two state pensions increase each April by the greater of:

  • yearly CPI inflation to the previous September;
  • average weekly earnings growth to the previous July; or
  • 2.5%.

This basis means that for 2021, the increase is likely to be 2.5% because CPI inflation will be lower (it was 0.5% in May) and earnings could well be falling due to the impact of furloughing.

It is in 2022 that a potential problem emerges for the Treasury. The furlough scheme ends at the end of October 2020, and if the economy starts to recover, by July 2021 earnings could be back to near ‘normal’. The fact that by then some of the formerly furloughed employees will be unemployed makes no difference to average earnings figures.

Economists reckon that the difference between ‘normal’ average earnings in July 2021 and furlough-depressed average earnings in July 2020 could be significant. In its Covid-19 ‘reference scenario’ the Office for Budget Responsibility has estimated earnings growth of over 18% in 2021 (against a 7.3% fall for 2020). No Chancellor would want to fund such a large rise in state pensions, not only because of the expense, but also on grounds of intergenerational fairness.

The Treasury and many economists have long argued that the triple lock is an unnecessary cost, but politicians have always been wary of upsetting an important section of the electorate. This additional problem now created by Covid-19 gives the government the best justification it is ever likely to have to dispense with the lock. There are even suggestions that state pensions could be frozen for the next two years until the issue (hopefully) disappears.

State pensions play an important role in many people’s retirement income planning, but their payment is ultimately a state decision, as evidenced by the many changes of recent years (for example to starting age). For that reason, if no other, private provision remains a vital component of your retirement planning.

 

Consumer credit Covid-19 measure extended

Help for consumers to manage their credit and debt has been extended to the end of October.

In mid-June, the Financial Conduct Authority (FCA) told firms to extend measures to provide help to people with credit cards, store cards, catalogue credit and personal loans who faced difficulties with their finances as a result of the Covid-19 crisis. This help was set to last initially for three months from April, but a recent update means there will now be a further three months’ flexibility ending on 31 October 2020.

Payment freeze

If you have already taken a payment freeze, you may now be able to take a further payment deferral or reduce payments to what you can afford. For anyone who has not yet requested a payment freeze, they can do so during the extended period.

A very important consideration is that you must still pay the debt back at the end of the deferral period, so there is potential to simply store up problems for a later date. With many people now returning to work, it makes sense to try to resume payments as soon as possible. It is at the discretion of the firm involved whether you will be charged interest during the payment freeze.

In theory, payment deferral should not affect your credit rating, but there is no guarantee that all loan providers will abide by this.

Overdrafts

Bank customers have been able to apply for an interest-free overdraft of up to £500. The interest-free period will now also run until 31 October 2020. Anyone who has not yet taken advantage of this measure has further time to do so. You can also request a lower rate of interest on borrowing in excess of the £500 interest-free buffer.

However, the FCA has not extended the temporary measure that meant overdraft customers were no worse off, with regards to their potential overdraft charges, than before April when a new temporary pricing structure for overdrafts was introduced. Although only a single rate of overdraft interest can now be charged, this can be around 40%.

The FCA provides detailed guidance on what Covid-19 means for your finances.

Card tax payments to incur charges

When making tax payments to HMRC, you are currently only charged a fee if you pay by business credit card, while payments by personal credit card are not permitted. However, from 1 November 2020, payments made using a business debit card will also attract a fee.

The rationale behind the change is to avoid any cost to the public purse, so business debit card users will be charged a fee equal to the total cost incurred by HMRC when receiving the card payment.

Alternatives

HMRC accepts a wide range of alternatives which will not incur charges for the taxpayer, including:

  • Online banking – Quick and easy to set up, with the advantage that details are saved for the future, with Faster Payments normally being immediate. You can also pay with CHAPS or Bacs or use telephone banking.
  • At your bank or building society – This method is only an option if you still receive paper statements from HMRC and also have the paying-in slip HMRC sent you (printing one is not an option).
  • Direct debit – Set up is via your HMRC online account, this is not quite as convenient as online banking, with payments normally taking longer to process. You need to plan ahead if paying by direct debit. HMRC says to allow five working days to process a Direct Debit the first time one is set up, and three working days the next time if you’re using the same bank details.
  • By cheque through the post – You can print a payslip to use if HMRC has not sent you one. Allow three working days for the payment to reach HMRC, with an obvious delay if the cheque is not completed correctly.

The fee-change is only to business debit cards, so payments made using a personal debit card can continue to be made to HMRC free of any charges.

HMRC has online guidance on paying your taxes.

Breaking News

A quick update on the operation of the Coronavirus Job Retention Scheme (CJRS) previously opined on (see our blog xxx). HM Treasury has announced directions on the modification of the scheme effective i.e. the cut-off date for making a claim under the original scheme I s 31 July 2020.

As such, employers will be able to participate in the original scheme only if a claim had been made under the original scheme and the employee must have been on furlough for at least 3 weeks from a date on or before 10 June 2020. For further information on the operation of the new scheme, qualification for participation and key dates to be aware of clickhere.

Furlough scheme to be tapered from August

On 12 May, the Chancellor announced changes to the operation of the Coronavirus Job Retention Scheme (CJRS) and set out details on how the scheme will operate as people return to work. The good news is the scheme will continue in its current form until August. The not so good news: from September, the amount of the grant to employers will be tapered to reflect employees returning to work. 

Initially, employers will be required to pay their employees’ National Insurance and pension contributions with the government paying 70% of wages up to a cap of £2,187.50 and employers will contribute 10% of wages to make up the 80% total up to a cap of £2,500. Then, from October, the government’s

contribution will be reduced to 60% of wages up to a cap of £1,875 with employers required to pay the remaining 20%.

The revised scheme includes an announcement that new entrants to the scheme will need to have been furloughed for at least three weeks prior to 1 July i.e. those employees who on 30 June had been on furlough at least three weeks under the existing scheme. The CJRS is currently scheduled to close at the end of October. 

Workers eligible under the self-employment income support scheme will be able to claim a second and final grant in August. The grant will be worth 70% of their average monthly trading profits paid in a single instalment covering three months’ worth of profits and capped at £6,570.

HMRC to investigate fraudulent COVID-19 claims

HMRC has shot yet another salvo across the bows of employers claiming grants under the government’s Coronavirus Job Retention Scheme (CJRS), by announcing an increase in the number of reports it has received regarding potentially fraudulent claims. Apparently, at the date of this piece, the new number is 1,868 up by 1,073 from the original number announced on 12 May 2020.

A word to the wise: the fact that HMRC has made two announcements in less than four weeks on the number of reports received is indicative of a potential launch of investigations into to the receipt of CJRS grants by some employers. The problem with this lies with the potential for making of anonymous reports by disgruntled employees whose actions could cause unnecessary interventions by HMRC with costs being incurred either by way of disruption to business or the cost of engaging profession representation.

HMRC has advised that whilst it is currently reviewing the information received before taking any action, it will continue to encourage employees to report perceived abuses of the scheme via it’s portal on the.GOV website. Examples of abuse include where an employer claims a grant but does not pay this to the employee(s). using the grant to fund a redundancy payment, making employees work whilst on furlough or asking them to work while on furlough.

  • Naming fraudulent companies and directors.
  • Requesting repayment of monies claimed and possible penalties
  • Criminal investigation and prosecution under the Fraud Act 2006

As anyone who has had dealings with HMRC’s investigation officers, just proving your innocence can be a challenge once an enquiry has commenced, so do not hesitate to seek professional assistance if required.

New Advisory fuel rates apply from June

HMRC has announced new fuel rates for company cars. They apply to all journeys on or after 1 June 2020, until further notice. For one month from the date of the change, employers may use either the previous or new rates.

The new rates are;

Engine size                                        Petrol                   LPG

1,400cc or less                                 10p                      6p

1,400cc to 2,000cc                          12p                     8p

Over 2,000cc                                    17p                    11p

Engine size                                                            Diesel

1,600cc or less                                                          8p

1,600cc to 2,000cc                                                   9p

Over 2,000cc                                                             12p

Bounce Back Loans

Interesting article on another one of the government’s initiative to ensure the cashflow of small businesses do not dry up #bouncebackloans. Confirms my personal suspicions on the future direction of this government initiative to help #smallbusiness cope with the anticipated damage the #coronavirus #lockdown will have on SMEs.

The shocking part of the article, if, as the article states, anecdotal evidence suggests, is the allegation that up to 50% of business owners interviewed are taking out loans knowing they’ve no intention of paying it back.

The Rise of the Virtual Law Firm

With the outbreak of COVID-19 and the UK government’s compulsory lockdown of the economy in March this year, thousands of employers have been forced to embrace the wonders of modern technology and equip their employees for compliance with the mantra “Stay at home, Save the NHS”.

In a world in which the majority of employees have had little choice but to spend their working week either battling with poor running over crowded trains or congested city roads and clogged motorways, the lockdown would have been a welcomed respite for some and a nightmare for others.

https://www.lawgazette.co.uk/practice/slater-and-gordon-to-close-london-office-as-remote-working-becomes-norm/5104404.article